Vivenzio v. City of Syracuse

DEBRA ANN LIVINGSTON, Circuit Judge, joined by ERIC N. VITALIANO, District Judge,

concurring:

I concur fully in the majority’s disposition and analysis. I write separately to note my disagreement with the district court’s conclusion that the plaintiffs “do not challenge the constitutionality of the consent decree.” See Vivenzio v. City of Syracuse (Vivenzio I), 545 F.Supp.2d 241, 250 n. 2 (N.D.N.Y.2008). I believe that the plaintiffs do make such a challenge, though I reach no conclusion as to whether plaintiffs adequately presented it before the district court. I also conclude that the merits…